(c)

1. (1) The facility must have written policies and procedures for the management of personal allowance accounts with an employee designated to be responsible for these accounts.

2. (2) The facility responsibilities are as follows:

   1. (A)

(i) Each individual receiving SSI shall have the opportunity to place personal allowance funds into an account.

1. (ii) No fee shall be charged by the facility for maintaining these accounts;

   1. (B) Individuals who receive SSI are entitled to retain an amount from their income for personal needs consistent with federal requirements;
   2. (C) The facility shall hold personal allowance funds in trust for the sole use of the residents, and such funds must not be commingled with the funds of the facility or used for any purpose other than for the benefit of the resident;
   3. (D) The resident may terminate the facility-maintained account and receive a check for the current balance;
   4. (E) The facility must maintain individual records for each resident who has an account showing all deposits, withdrawals, and the current balance;
   5. (F) The facility must document all personal transactions and maintain all paid bills, vouchers, and other appropriate payment and receipt documentation in the manner prescribed by the Department of Human Services;

   6. (G)

      1. (i) The facility may deposit personal allowance funds in individual or collective interest bearing, federally insured bank accounts.
      2. (ii) If these accounts are established, the facility must develop a procedure to ensure the equitable distribution of interest to each resident's account;
   7. (H) Quarterly, the facility must supply each resident or responsible party who has a personal account with a statement showing all deposits, withdrawals, and current balance of the resident's personal allowance account; and

   8. (I) The facility must provide the department access to required resident records upon request.

      1. (d) The use of a resident's personal allowance funds must meet the following conditions:
2. (1) Any waiver of the right to a personal allowance by a resident entitled to the allowance shall be void;

3. (2)

   1. (A) At a minimum the resident shall have access to his or her personal allowance account during the hours of 9:00 a.m. to 5:00 p.m.
   2. (B) Monday through Friday, according to facility policies and procedures;
4. (3) The personal allowance shall, at the discretion of the resident, be used in obtaining clothing, personal hygiene items, and other supplies, services, entertainment, or transportation for personal use not otherwise provided by the facility pursuant to the admission agreement or required by rule;
5. (4) The facility shall not demand, require, or contract for payment of all or any part of the resident's personal allowance in satisfaction of the facility rate for supplies and services;
6. (5) The facility shall not charge the resident additional amounts for supplies and/or services that the facility is by law, rule, or agreement required to provide under the basic charge;
7. (6) Services or supplies provided by the facility beyond those that are required to be included in the basic charge may be charged to the individual only with the specific written consent of the individual or guardian;
8. (7) The individual will be furnished in advance of the provision of the supplies or services with an itemized statement setting forth the charges for services or supplies provided by the facility; and

9. (8)

   1. (A) Whenever a resident authorizes a facility to exercise control over his or her personal allowance, such authorization must be in writing and subscribed by the parties to be charged.
   2. (B) Any such money shall not be commingled with the funds or become an asset of the facility or the person receiving the same, but shall be segregated and recorded on the facility's financial records as independent accounts.

(e) Transfer of resident funds must meet the following requirements:

1. (1)

   1. (A) At the time of discharge from the facility, the resident, legal guardian, or other appropriate individual or agency shall be:

      1. (i) Provided a final accounting of the resident's personal account; and
      2. (ii) Issued a check for the outstanding balance.
   2. (B) If the resident is being transferred to another residential or health care facility, the resident or his or her representative shall be given an opportunity to authorize transfer of the balance to a resident account at the receiving facility;

2. (2) Upon the death of a resident:

   1. (A) A final statement of the account must be made; and
   2. (B) All remaining funds shall be transferred to the resident's estate, subject to applicable state laws;

3. (3)

   1. (A) Upon change of ownership, the existing owner must provide the new owner with a written statement of all resident personal funds.
   2. (B) This statement shall verify that the balance being transferred in each resident fund account is true and accurate as of the date of transfer; and
4. (4) At change of ownership, the new owner must assume responsibility for account balances turned over at the change of ownership together with responsibility for all requirements of this section, including holding of resident's funds in trust.